Criminal Defense Lawyers

What Are Criminal Defense Discovery Obligations?

What Are Criminal Defense Discovery Obligations?

When someone gets arrested and charged with a crime, the criminal justice system kicks into gear. There’s a lot going on behind the scenes that people don’t always realize. One important part is something called “discovery.”So what exactly is discovery and why does it matter for criminal defense? Let’s break it down.

What is Discovery in a Criminal Case?

Discovery is when the prosecution and defense share information and evidence related to the case. The basic idea is that both sides should have access to the same facts and materials so they can prepare for trial.In TV shows and movies, trials always seem to have big surprise reveals and witnesses coming out of nowhere. But real criminal trials don’t work like that. Through discovery, each side is required to turn over certain evidence and witness info beforehand so there’s no unfair surprises.Discovery is an important right for defendants. It helps ensure they get a fair trial and their lawyer can properly defend them.

When Does Discovery Happen?

The discovery process usually starts soon after a defendant is arrested and charged. Prosecutors have to share certain evidence according to the rules of discovery, which are laid out in criminal procedure laws and court rules.Defense attorneys can also request additional materials through discovery motions filed with the court. This can happen any time leading up to the trial. New evidence might come to light, or it could be something the prosecution failed to turn over earlier.So discovery isn’t just a one-time thing. It’s an ongoing process between arrest and trial. Information is exchanged between the prosecution and defense multiple times.

What Does the Prosecution Have to Disclose?

• Statements made by the defendant, whether written, recorded, or oral
• The defendant’s prior record
• Documents and physical objects the prosecution plans to use as evidence
• Reports from experts who will testify
• Names and contact info for witnesses
• Anything that is favorable to the defendant or might help their case (known as “exculpatory” evidence)

That last one is super important. Prosecutors have to turn over any evidence they have that could possibly help prove the defendant’s innocence or cast doubt on their guilt. This is called the Brady rule.

What Does the Defense Have to Disclose?

The defense also has to share some stuff through discovery, a process called reciprocal discovery. This includes:

• Documents or evidence the defense plans to introduce at trial
• Reports from any expert witnesses the defense might call
• Names and info for witnesses the defense plans to call

However, the defense does NOT have to turn over everything. Certain materials are protected under attorney-client privilege.

Why is Discovery Important for Criminal Defense?

Discovery serves some key purposes for the defense:

• Review the prosecution’s evidence and build a defense strategy
• Look for illegal searches, coerced confessions, or other constitutional issues to challenge
• Determine if the defendant has an alibi or if witnesses contradict the prosecution
• Negotiate a favorable plea deal if the evidence is stacked against the defendant
• Make sure the prosecution turns over all exculpatory evidence that could help the defense

Basically, it allows the defense to fully understand the prosecution’s case and prepare the strongest defense for the client. This is a critical check on the government’s power and a key part of ensuring due process.

What Happens if Prosecutors Withhold Evidence?

Prosecutors are required under the Brady rule to disclose any potentially exculpatory evidence. If they intentionally withhold such evidence, it’s a serious violation of the defendant’s constitutional rights.Defense attorneys have to diligently pursue discovery and file motions to compel disclosure if they suspect the prosecution is hiding something.If evidence is discovered post-conviction that prosecutors withheld from the defense, it could potentially result in the conviction being overturned. There have been many high-profile cases of this happening.So while discovery is intended to avoid unfair surprises at trial, failures in the system still happen. Defense attorneys have to stay vigilant.

Discovery Disputes and Motions

There are often disputes between the prosecution and defense over discovery. The defense might claim the prosecution failed to turn over required information. Or the prosecution might try to withhold something, claiming it’s privileged.When this happens, the defense can file a motion with the court to compel discovery. This asks the judge to order the prosecution to turn over the disputed materials.If the defense learns of new witnesses or evidence close to trial, they can also file a motion to exclude those witnesses or evidence based on the late disclosure.Judges have a lot of discretion in handling discovery disputes between the parties.

Conclusion

The discovery process aims to provide transparency and fairness as both sides build their case. But it doesn’t always work perfectly. Defense attorneys have an obligation to aggressively pursue all beneficial information through discovery. This allows them to protect the defendant’s rights and build the strongest defense possible.While technical and complex, discovery is a critical stage after arrest. It sets the foundation for everything to come at trial. Understanding discovery helps shed light on the real workings of the criminal justice system versus how it’s portrayed in TV dramas!

More Resources:

• Justice Department overview of discovery
• Criminal defense perspective on discovery
• Federal Rules of Criminal Procedure – Rule 16 on Discovery